VIJAY PRAHLAD WARBUVAN Vs. SENIOR INSPECTOR OF POLICE

JUDGEMENT

(1.) All the three accused, who have filed their respective appeals, have been convicted by the Additional Sessions Judge, Greater Bombay, by his judgment dated 2.03.2001 for the offences punishable under Ss. 363, 366 and 376 (2)(g) of the Indian Penal Code and, sentenced to suffer seven years R.I., ten years R.I. and life imprisonment along with fine of Rs. 10,000.00 each. All the substantive sentences to run concurrently.

(2.) Victim girl of gang rape is a convent (i.e. English Medium School) going girl of about 11 years by name "X" (We are not disclosing her name in the judgment). She is P.W. No. 2. According to the prosecution, this victim girl used to attend tuition classes at the house of one Sangita where these three accused were teaching as teachers. [These accused were also studying at the relevant time in the colleges]. The date of the incident is 9.09.1997. On that day, in the Community Hall, situated at NAD Colony, Mankhurd, Ganapati was installed. It was the 4th day after installation of Ganapati. The victim girl along with her three friends, in the evening, had gone there to have a Darshan of Ganapati. At that time, the accused came there. They had belts in their hands. Therefore, three friends of the victim girl got frightened and they ran away. The victim girl could not run away because she had an injury to her right leg, because of beating given by accused Vijay in the tuition class. Then all these three accused caught hold of her and in open passage of veranda adjoining to Community Hall they committed rape upon her and then they left giving threats to her.

(3.) The victim girl went to her house. It was night time. She did not disclose the incident to her mother. Next day she was taken to Kalamboli which is at a distance of two hours by bus from the residential place of victim girl. The victim girl was complaining of stomach pain. She was given paracetamol medicine. Soframycin was also applied to her. At Kalamboli initially the victim girl did not tell anything to her maternal aunt. But later on the victim girl confined to her aunt about the rape committed by all the accused. Next day the aunt (PW 1) brought the victim girl and her two brothers to their house at Mankhurd where the mother of victim girl was informed about the incident of rape. Then thereafter the victim girl was taken by the mother and aunt to Municipal Dispensary of Chitta Camp where the mother (PW 6) was employed. The doctors were informed about this incident. But Dr.Sharmila and Dr.Jyoti told them that since this was a police case, the victim girl should be taken to some big hospital or Shatabdhi Hospital and lodge a complaint with Trombay Police Station.